Johnson v. Trnka 154 N.W.2d 185 277 Minn. 468, 154 N.W.2d 185 (Cite as: 277 Minn. 468, 154 N.W.2d 185) Supreme Court of Minnesota. Charles E. JOHNSON, contestant, Respondent, v. Frank TANKA, contestee, Appellant. No. 40805. Aug. 25, 1967. Rehearing Denied and on Appeal from Taxation of Costs Oct. 27, 1967. Appeal from judgment of the District Court of Isanti County, William T. Johnson, J., growing out of an election contest. The Supreme Court, Murphy, J., held that where number of ballots found in election box, including six ballots not initialed by election judges, exceeded number of registered voters by two, it was improper to resolve issue of excess ballots by withdrawing at random two ballots from the election box, but rather unmarked ballots should have been laid aside and not counted. Reversed and remanded. West Headnotes [1] Elections 177 144k177 Most Cited Cases Statutory requirement that all ballots must be initialed by the election judges is intended to assure the voter that he is given an authentic ballot, to enable the public to identify the actual ballot cast in the event of an election contest, and to prevent fraud. M.S.A. § 204.05, subd. 1. [2] Elections 227(1) 144k227(1) Most Cited Cases No person should be deprived of his right to vote because of the neglect or carelessness of election officials unless that conduct has been carried to such an extent as to affect the true outcome of the election and put the results in doubt. [3] Elections 227(8) 144k227(8) Most Cited Cases Rule that neglect and carelessness of election officials should not deprive a person of his right to vote must yield to express provisions of statute relating to the disposition of excess ballots. M.S.A. § 204.20 and subds. 1, 2. Page 1 [4] Elections 227(1) 144k227(1) Most Cited Cases The outcome of an election should rest upon ballots received according to law and should not be determined by illegal votes. [5] Elections 239 144k239 Most Cited Cases For purposes of statute providing that if there is an excess of properly marked ballots, the judges shall replace them in the box, and one judge, without looking, shall withdraw from the box a number of ballots equal to the excessive number, and the withdrawn ballots shall be preserved but not counted, a "properly marked ballot" is one marked with the initials of the judges. M.S.A. § 204.20, subd. 2. [6] Elections 239 144k239 Most Cited Cases Statute relating to the disposition of excess ballots applies to the conduct of election judges only where, after removing the uninitialed ballots, it is found that there is still an excess of properly marked ballots. M.S.A. § 204.20, subd. 2. [7] Elections 239 144k239 Most Cited Cases Where number of ballots found in election box, including six ballots not initialed by election judges, exceeded number of registered voters by two, it was improper to resolve issue of excess ballots by withdrawing at random two ballots from the election box, but rather unmarked ballots should have been laid aside and not counted. M.S.A. § 204.20, subd. 2. [8] Elections 307 144k307 Most Cited Cases In view of meritorious claims of both election contestant and contestee on appeal, the costs and disbursements incurred should be shared equally between the parties. M.S.A. § 607.01. **186 Syllabus by the Court *468 Minn.St. 204.20, relating to election procedures, requires that in the counting process election judges shall count the ballots to determine whether the number of ballots corresponds with the number that the election register or registration file shows were cast. Where there is found to be a © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 301